Chapter 12.80
INDUSTRIAL PRETREATMENT PROGRAM
Sections:
12.80.030 Objectives of these rules.
12.80.050 Fats, oil and grease (FOG) control and petroleum, oil and sand separator requirements.
12.80.070 Authority, enforcement and compliance.
12.80.080 Industrial wastewater discharge standards.
12.80.090 Surcharges for high strength waste.
12.80.100 Specific powers of the director.
12.80.110 General powers of the director.
12.80.120 Pretreatment and monitoring facilities.
12.80.130 Slug discharge and spill control plans.
12.80.140 Wastewater discharge permits.
12.80.150 Discharge permit modification.
12.80.160 Discharge permit revocation.
12.80.170 Special agreements and contracts.
12.80.180 Reporting requirements.
12.80.190 Administrative enforcement actions.
12.80.200 Extra monitoring charge.
12.80.220 Regulation of users from outside jurisdictions.
12.80.010 Applicability.
This code sets forth uniform requirements for all industrial users discharging to the POTW and enables the city to comply with all applicable state and federal laws including the Clean Water Act and the General Pretreatment Regulations (40 CFR Part 403). Any industrial user, the discharge from which directly or indirectly enters the POTW from areas within or without the boundaries of the city of Gunnison or Gunnison County, shall be bound by the code as it now exists or may hereafter be amended. This code may be enforced against any industrial user. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.020 Purpose and policy.
It is necessary for the health, safety, and welfare of the residents of the city to regulate the collection of wastewater and treatment thereof to provide for maximum public benefit. This chapter sets forth the uniform requirements for users of the publicly owned treatment works (POTW) of the city of Gunnison and enables the city to comply with applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.030 Objectives of these rules.
A. To prevent the introduction of pollutants into the POTW that would interfere with the operation of the system or contaminate the resulting sludge;
B. To prevent the introduction of pollutants into the POTW which will pass through the system, inadequately treated, into receiving water or the atmosphere or otherwise be incompatible with the system;
C. To protect both POTW personnel who may be affected by wastewater or sludge in the course of their employment and the general public;
D. To promote reuse and recycling of reclaimed wastewater and sludge from the POTW;
E. To provide for the equitable distribution of the cost among users of the POTW;
F. To provide for and promote general health, safety, and welfare of the citizens residing within the city; and
G. To enable the city to comply with its Colorado discharge permit system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject. These regulations shall apply to persons in the city, and to persons outside the city who are, by contract or agreement with the city, users of the POTW. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.040 Recovery of costs.
A. It is the purpose of this section to provide for the recovery of costs from users of the city’s wastewater treatment system for the implementation of the program established herein. The applicable charges or fees shall be set forth as appropriate in these regulations.
B. The city may adopt charges and fees to reimburse the city for the costs of operating the city’s pretreatment program. The rationale for imposing fines and fees for industrial users is described in the city’s policies:
1. Industrial waste control enforcement response guide.
2. Fats, oils, and greases (FOG) response guide. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.050 Fats, oil and grease (FOG) control and petroleum, oil and sand separator requirements.
The requirements established in this section shall apply to facilities subject to the oil and grease program requirements established by the city.
A. FOG Facilities. Nondomestic dischargers located within the city’s service area where the following uses or activities occur, and which are subject to the city’s system for control of fats, oil and grease (FOG): nonresidential properties on which occurs or facilities exist for the preparation, manufacturing, or processing of food, including but not limited to: restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, schools, nursing homes and other facilities that prepare, service, or otherwise make foodstuffs available for consumption or that serve food prepared off site when dishwashing or other activities may be performed on site that have a reasonable potential to cause FOG, BOD, TSS, or other parameter to be greater in concentration than is typical for domestic wastewater.
B. POGS Facilities. Nondomestic dischargers located within the city’s service area where the following Petroleum Oil, Grease and Sand (POGS) and are further defined as: nonresidential properties on which occurs, automotive service or repair, machine shops, automotive care centers, auto body shops, car washes, or any other facility that generates sand, grit or petroleum waste that may discharge into a wastewater collection system.
C. Grease Interceptor. A unit with at least two compartments and at least 750 gallons. All brackets and other internal nonconcrete supports shall be of stainless steel or otherwise treated to prevent corrosion or composed of a material not affected by corrosion. The grease interceptor shall be vented and designed to retain grease from one or more fixtures, and which shall be located remote from the fixtures being served, typically, outside the building being served and accessible at all times.
The city will use the following general sizing criteria to evaluate grease interceptor sizing:
|
Fixture Type |
# of Fixtures |
|
Surge Flow from Fixture (gpm) |
|
Total Flow (gpm) |
|---|---|---|---|---|---|
|
Kitchen Area Sinks |
|
|
|
|
|
|
Single Compartment |
|
x |
20 |
= |
|
|
Double Compartment |
|
x |
25 |
= |
|
|
Triple Compartment |
|
x |
30 |
= |
|
|
Mop/Clean-Up |
|
x |
20 |
= |
|
|
Dishwashers |
|
|
|
|
|
|
Up to 30-Gallon Capacity |
|
x |
15 |
= |
|
|
30- to 50-Gallon Capacity |
|
x |
25 |
= |
|
|
50- to 100-Gallon Capacity |
|
x |
40 |
= |
|
|
Total surge flow for facility (gpm): |
|
||||
|
Detention time (min): |
x 10 |
||||
|
Required minimum grease interceptor capacity (gallons)* |
|
||||
|
* Minimum approved size is 750 gallons; standard size is 1,000 gallons. |
|||||
D. Sand/Oil Separator. A unit of at least 300 gallons’ capacity designed to retain sand and oil from one or more fixtures and which shall be located remote from the fixtures being served, typically, outside the building being served. The city may determine whether or not a larger capacity sand/oil separator is required.
E. Car Wash Facilities. In addition to installing an adequately sized sand/oil separator, car washes shall post signage that notifies the customer that the discharge of any oil, antifreeze or other waste not specifically removed as a result of normal usage of the car wash facilities is prohibited and may be prosecuted.
Car wash facilities shall utilize detergents that do not contain nonylphenols or nonylphenol ethoxylates as a significant component (greater than one percent) of the detergent concentrate.
F. Additives. Any chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives, used for the purpose of grease reduction are strictly prohibited.
G. General Control Requirements.
1. A grease interceptor or sand/oil separator shall be required when, in the judgment of the city, they are necessary for the proper handling of liquid wastes which may be harmful to or cause an obstruction in the wastewater collection system or cause or contribute to interference or pass-through.
2. It shall be the responsibility of the user and owner of the property, business or industry or an authorized representative of the user to contact the city for obtaining a plan review. The plan review shall determine the need, method, size, and location of the interceptor or separator required to control discharges into the POTW. Written approval from the city must be obtained prior to installation of the interceptor or separator.
3. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.
4. The design, sizing, and construction of grease interceptors and oil/sand separators shall be in accordance with the city required plumbing codes and these regulations.
5. The grease interceptor and oil/sand separator shall be designed, sized, installed, maintained and operated to accomplish their intended purpose of intercepting pollutants from the user’s wastewater and preventing the discharge of such pollutants to the city’s wastewater collection system.
6. A variance as to the requirement for a grease interceptor for existing facilities may be granted by the city for good cause. The city will evaluate all data and information supporting a request for a variance. The FOG facility has the burden of proof on demonstrating through data and other information why a variance should be granted. In no case shall a variance result in violation of any requirement or effluent limit specified in these regulations. The granting of any variance shall be at the sole discretion of the city. If a variance is granted, the FOG facility shall:
a. Provide quarterly cleaning of its private service line to prevent the buildup of oil, grease and solids;
b. Submit records of this cleaning to the city within 15 days of each sewer line cleaning;
c. Pay the costs incurred by the city for accelerated sewer line cleaning on the city’s sewer line providing service to the user, costs to the city of treating the excess strength waste, and any costs for sampling and analysis. Surcharges for FOG, TSS, and BOD are described in the city of Gunnison fee table.
d. Upon change of ownership or significant changes to the building requiring a building permit at any existing facility which would be required to have an interceptor or separator under this section, the applicant for sanitary sewer service shall have the burden to demonstrate that a properly sized and functioning grease interceptor or oil/sand separator is installed.
e. Toilets, urinals and similar fixtures shall not waste through a grease interceptor or oil/sand separator. Such fixtures shall be plumbed directly into the building sewer and waste system.
f. FOG Facilities. All sink fixtures not equipped with a garbage disposal (garbage grinder) which are connected to a grease interceptor shall be equipped with a fixed or removable mesh or screen which shall catch garbage and food debris and prevent it from entering the grease interceptor.
H. Notification to the City by the User. The user shall inform the city prior to:
1. Sale or transfer of ownership of the business;
2. Change in the trade name under which the business is operated;
3. Change in the nature of the services provided that affect the potential to discharge oil, grease, sand, grit or petroleum;
4. Remodeling the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through a building or zoning department.
I. Required Maintenance.
1. Grease interceptors shall be maintained by regularly scheduled cleaning so that they will properly operate as intended to efficiently intercept the fats, oil and grease from the FOG facility’s wastewater and prevent the discharge of said materials into the city’s wastewater collection system. A grease interceptor in service shall be serviced at a minimum of every 90 days or whenever the combined thickness of the floating greases and settled solids is greater than 25 percent of the hydraulic working capacity of the grease interceptor, whichever is sooner.
2. Sand/oil separators shall be maintained by regularly scheduled removal of the accumulated sand and oil so that they will properly operate as intended to intercept the sand and oil from the affected property’s wastewater and prevent the discharge of sand and oil to the city’s wastewater collection system. A sand/oil separator in service in the city shall be serviced at a maximum interval of 120 days.
3. The city may require more frequent cleaning. A variance from this requirement may be obtained when the user can demonstrate less frequent cleaning is sufficient. The city will not allow a cleaning frequency of less than once per 12 months.
4. Maintenance of grease interceptors shall be done in a workmanlike manner only by a business/professional normally engaged in the servicing of such plumbing fixtures.
5. In the event an interceptor or separator is not properly maintained by the user, owner, lessee, or other authorized representative of the facility, the city may authorize such maintenance work be performed on behalf of the facility.
6. The costs of such maintenance shall be billed directly to the customer and shall become part of the charges due and owing to the city and shall constitute a lien against the property until paid in full.
7. Users shall:
a. Ensure interceptors and separators are easily accessible for inspection, cleaning, and removal of grease.
b. Maintain interceptors and separators at their expense and keep in efficient operating condition at all times by the regular removal of oil, grease and solids.
c. Document each pump-out with a waste manifest or trip ticket which must be kept on site for at least three years.
d. Take reasonable steps to assure that all waste is properly disposed of at a facility in accordance with federal, state and local regulations (i.e., through a certification by the hauler included on the waste manifest or trip ticket for each load).
J. FOG Facilities. Biological treatment or enzyme treatment shall not be a substitute for the servicing of grease interceptors at the frequency determined by the city. Use of enzymes to degrade and/or emulsify oil and grease is prohibited.
K. Existing Facilities. Existing facilities not connected to a grease interceptor or oil/sand separator, as appropriate, and who contribute oil, grease or sand to the city’s collection system will be identified through the city’s inspection program. Once identified and determined by the city to need treatment, the facility shall be required to install an interceptor or separator and maintain it according to this section. In the time before an interceptor or separator can be installed, the city will require these businesses to implement BMPs to minimize the discharge of pollutants to the sanitary sewer system as described below.
1. FOG Facilities.
a. Scrape food from plates into garbage cans.
b. Pre-wash plates by spraying them off with cold water over a small mesh catch basin positioned over a drain. This catch basin should be cleaned into a garbage can or other solid waste disposal device as needed.
c. Pour all liquid oil and grease from pots into a waste grease bucket stored at the pot washing sink. Heavy solid buildup of oil and grease on pots and pans should be scraped off into a waste grease bucket.
d. Certify that training for these requirements has been provided to kitchen staff.
e. Other kitchen practices identified by the city and/or FOG facility which will decrease the point source discharge of oil and grease.
2. POGS Facilities.
a. No dumping of petroleum-based waste products into the waste collection system;
b. Sweeping floors and other service areas with hand brooms and disposing of all sweepings as solid waste to minimize the use of washdown water to the greatest extent practicable;
c. Utilizing appropriate absorbent materials to contain and clean up any spillage of petroleum-based products and disposing of all used absorbent materials as solid waste;
d. Providing certification that all employees have been trained on these practices; and
e. Other practices identified by the city and/or facility which will decrease the discharge of sand and oil.
L. Surcharging in Lieu of Grease Trap Installation.
1. The city is sensitive to the fact that the installation of a grease interceptor at an existing facility can be expensive and, in some cases, places a heavy financial burden on the facility.
2. Modification of existing plumbing to accommodate installation of a trap may not always be possible in existing buildings.
3. When a facility is required by these regulations to install a trap the city may grant a waiver from the trap installation requirement. Facilities with grease trap waivers will be considered noncomplying facilities.
4. Grease trap waivers will not be granted for new or renovation construction. Noncomplying facilities shall pay the costs incurred by the city for accelerated sewer line cleaning on the city’s sewer lines providing service to the user, costs to the city of treating the excess strength waste, and any other costs for sampling and analysis and administration.
5. Accelerated cleaning will be performed downstream from noncomplying food preparation facilities at a minimum frequency of once per quarter.
6. Once the grease attaches to the piping system it solidifies and continues to accumulate until a blockage occurs.
7. The accelerated cleaning surcharge is based on the average cost incurred by the city as a result of cleaning 400 feet of sewer pipe at a minimum quarterly frequency. The surcharge will be adjusted to match current operating costs.
8. Users electing to pay a surcharge in lieu of installing a grease trap must comply with the requirements of subsection (K) of this section which describes BMPs for minimizing grease discharges to the sewer.
9. Additional surcharges for BOD and TSS will also apply as described in GMC 12.80.090. Grease trap surcharges are based on an average grease trap size of 1,000 gallons, a three-month accumulation of BOD and TSS resulting in concentrations of 32,200 mg/L and 52,000 mg/L, respectively, and WWTP’s most current annual operating costs.
10. Total monthly surcharges for a noncomplying facility as defined in subsection (L)(3) of this section, effective January 1, 2021, will be:
a. FOG surcharge: refer to city of Gunnison fee table;
b. BOD surcharge: refer to city of Gunnison fee table;
c. TSS surcharge: refer to city of Gunnison fee table;
d. Total surcharge: refer to city of Gunnison fee table.
11. Surcharges may be adjusted by the city when analytical data is available showing that a wastewater discharge is more or less concentrated than typical domestic wastewater as defined in GMC 12.02.020.
12. Samples may be collected by the city at the user’s request when a sampling location is accessible and representative. Analytical costs will be borne by the user. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.060 Inspections.
A. The city will conduct inspections of any facility with or without notice and will consider such factors as, but not limited to, potential to discharge oil, grease, sand, grit, petroleum contaminated wastes, or constituents listed in GMC 12.80.080.
B. If any inspection reveals noncompliance with any provision of these requirements, corrective action shall be required within five days, or further enforcement action may be initiated.
However, required response times vary from immediately to within 14 calendar days depending on the seriousness of the reason for noncompliance and whether or not the user has been previously notified to correct same. Specific response requirements are listed in the response guides listed in GMC 12.80.040. Such noncompliance may include, but is not limited to:
1. Poor maintenance of interceptors or separators;
2. Failure to timely correct previously noted areas of noncompliance;
3. Inability to access or open a grease interceptor or oil/sand separator; or
4. Inability to inspect an interceptor or separator due to overabundance of oil, grease, grit, or sand accumulation.
Inspection results will be provided in writing to the facility. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.070 Authority, enforcement and compliance.
A. The requirements of the industrial waste control enforcement response guide and fats, oils, and greases (FOG) response guide form a part of this chapter. Any violation of these requirements shall be considered a discharge violation. Enforcement of this regulation is governed by the express terms herein and the enforcement provisions contained in this chapter.
B. The city has the right to reject acceptance of any waste which may be harmful to or cause obstruction of the wastewater collection system, or which may cause or contribute to interference or pass-through or violate any local limits adopted by the city.
1. Facility owners and lessees regulated under this section shall be jointly and severally responsible for complying with the requirements and standards established by these requirements.
2. Any extraordinary costs incurred by the city due to interference, damage or maintenance necessary in the treatment and/or collection system shall be paid by the user to the city. The direct costs of all labor, equipment and materials incurred in rectifying the interference or damage, including reasonable attorney’s fees, shall be billed directly to the owner of the user by the city, and such costs shall become part of the total charges due and owing to the city and shall constitute a lien on the user until paid in full. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.080 Industrial wastewater discharge standards.
It shall be unlawful for any person to discharge any domestic or nondomestic wastewater into any natural waterway, any surface drainage, or storm sewer within the city, or in any area under the jurisdiction of the city. No industrial wastewater shall be discharged to the city’s POTW unless done so in compliance with the provisions of these regulations and applicable city, state or federal regulations.
A. General Prohibitions. A user may not introduce into a POTW any pollutant(s) which cause pass-through or interference. These general prohibitions and the specific prohibitions of this section apply to each user introducing pollutants into a POTW whether or not the user is subject to other pretreatment standards or any federal, state, or local pretreatment requirements.
B. Specific Prohibitions. It shall be unlawful for any industrial user to discharge or deposit or cause or allow to be discharged or deposited into the wastewater treatment system of the city any wastewater which contains the following:
1. Storm water drainage from ground, surface, roof drains, catch basins, unroofed area drains (e.g., commercial car washing facilities) or any other source. Specifically prohibited is the connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to the city’s wastewater collection system. No person shall connect or discharge water from underground drains, sump pump discharges, natural springs and seeps, water accumulated in excavation or grading or any other water associated with construction activities.
2. Wastewater containing free or floating oil and grease, or any discharge containing animal fat or grease byproduct in excess of 200 milligrams per liter (200 mg/L) except where a food service establishment has installed an appropriate grease interceptor and is properly operating and maintaining such interceptor and implementing all BMPs. No wastewater containing total oil and grease at a concentration that would cause or contribute to pass-through or interference shall be discharged.
3. Explosive mixtures consisting of liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater treatment system or to the operation of the system. At no time shall a reading on an explosion hazard meter at the point of discharge into the wastewater system be more than 10 percent of the lower explosive limit (L.E.L.) of the meter. Specifically prohibited are pollutants which create a fire or explosion hazard in the city’s POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (140°F) or 60 degrees centigrade (60°C) using the test methods specified in 40 CFR § 261.21.
4. Noxious material consisting of noxious or malodorous solids, liquids or gases, which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into any portion of the wastewater system for its maintenance and repair.
5. Radioactive wastes or isotopes of such a half-life or concentration that they do not meet regulations set forth by the Colorado Department of Health, state of Colorado, in the latest edition of rules and regulations pertaining to radiological control and any applicable federal regulations that may apply. Users shall notify the director of any such discharges.
6. Solid, viscous or liquid wastes which allow or may cause obstruction to the flow in a collection line or otherwise interfere with the proper operation of the wastewater treatment system.
7. Substances which are not amenable to treatment or prescribed reduction by the treatment process employed by the city or are amenable to such a limited degree of reduction that a discharge of such wastewater would result in effluent discharge from the treatment works that does not meet requirements of state, federal and other agencies having jurisdiction over discharge or application to receiving waters and/or lands.
8. Wastes with color not removable by the treatment process.
9. Wastewater which has an instantaneous pH value less than five (5) standard units.
10. Spent process chemicals, solutions or materials, filter press solids, hazardous waste as defined by the Federal Resource Conservation and Recovery Act; and other materials normally used in industrial/commercial operations unless specifically authorized in writing by the director and after suitable treatment as approved by the director has been effected.
11. Wastes from hospitals, clinics, dental offices, offices of medical doctors, and convalescent homes consisting of but not limited to laboratory pathological wastes, surgical operating room wastes or delivery room wastes that cause or contribute to interference or pass-through.
12. Wastewater which has a temperature exceeding 150 degrees Fahrenheit (150°F). Specifically prohibited is heat in amounts which will inhibit biological activity in the city’s wastewater treatment works resulting in interference, but in no event shall heat be permitted to be received in such quantities that the temperature at the city’s wastewater treatment plant exceeds 40 degrees centigrade (40°C) or 104 degrees Fahrenheit (104°F).
13. Any pollutant including oxygen-demanding pollutants (biochemical oxygen demand, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference.
14. Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.
15. Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
16. Any trucked or hauled pollutants, except at discharge points designated by the city.
17. Any substance directly into a manhole or other opening in the POTW unless specifically authorized by the director or as otherwise permitted under these regulations.
18. Liquid wastes from chemical toilets, and trailers, campers or other recreational vehicles which have been collected and/or held in tanks or other containers shall not be discharged into the POTW except at locations authorized by the director to collect such wastes within the city.
19. Cooling waters or process waters to a storm sewer or natural outlet unless such person has a valid CDPS permit issued by the Colorado Department of Public Health and Environment.
20. Wastes where such wastes have been collected and/or held in a tank or other container and where such wastes fail to comply with any limitation set out in these regulations.
21. Bulk, expired, outdated or concentrated prescription or nonprescription drugs.
22. Detergents, surfactants and other surface-active, or other substances which may cause excessive foaming in the POTW or cause or contribute to pass-through or interference.
23. Discharge of nonylphenol from the use of bulk or concentrated nonylphenol containing detergents as employed by some industrial or commercial laundries, car washes or asphalt manufacturers or other industrial users.
24. Discharge of any wastewater containing perchloroethylene (PCE) (also known as tetrachloroethene and tetrachloroethylene) from any industrial user involved in the dry-cleaning business.
C. Wastewater Discharge Limitations.
1. No significant industrial user, industrial users that hold a notice of discharge requirements from the Department of Public Health and Environment (CDPHE) pursuant to Regulation 63 or other permitted industrial users designated by the city shall discharge or cause to be discharged, wastewater that exceeds the following local discharge limits:
|
Pollutant |
Daily Maximum Discharge Limitation(1) |
|---|---|
|
Arsenic |
0.044 |
|
Cadmium |
0.009 |
|
Chromium |
1.46 |
|
Chromium (VI), filterable |
0.170 |
|
Copper |
0.62 |
|
Lead |
0.29 |
|
Mercury |
0.0012 |
|
Nickel |
0.79 |
|
Silver |
0.46 |
|
Selenium |
0.010 |
|
Zinc |
2.86 |
|
5-Day Biochemical Oxygen Demand (BOD5), lbs/day |
2,457(2) |
|
Total Suspended Solids (TSS), lbs/day |
2,407(2) |
|
Ammonia, lbs/day |
754(2) |
|
Phosphorus, lbs/day |
210(2) |
1. All limits are in mg/L unless otherwise specified and shall be analyzed as total.
2. This limit is the total mass in pounds per day (lbs/day) that are available to allocate to all significant industrial users and other designated and permitted non-SIUs.
2. The following limits shall apply to wastewaters that are discharged from:
a. Ground water cleanup of petroleum or gasoline underground storage tanks or other remediation wastewaters containing these pollutants;
b. Discharges where one or more of these pollutants are present; or
c. Where these pollutants are appropriate surrogates.
3. It shall be unlawful for any industrial user to discharge or cause to be discharged any waste or wastewater to the POTW that exceeds the following limits, as applicable:
|
Pollutant(1) |
Daily Maximum Discharge Limit(3) |
|---|---|
|
Benzene |
0.050 |
|
BTEX(2) |
0.750 |
1. All pollutants shown in the table are total and as mg/L.
2. BTEX shall be measured as the sum of benzene, ethylbenzene, toluene and xylenes.
3. These limits are based upon installation of air stripping technology as described in the EPA document: “Model NPDES Permit for Discharges Resulting from the Cleanup of Gasoline Released from Underground Storage Tanks, June 1989.”
4. Standards for Hydrogen Sulfide.
|
Hydrogen Sulfide |
ppm |
|---|---|
|
10-minute ceiling |
10(1) |
|
8-hour ceiling |
20(2) |
|
Peak concentration |
50(3) |
|
IDLH |
100(4) |
1. This limit is based upon the NIOSH recommended exposure limit (REL). The city may require that an industrial user install treatment or take any other actions if hydrogen sulfide exceeds this level in any part of the city’s collection system.
2. This limit shall not be exceeded for more than 10 minutes during any eight-hour period.
3. This limit shall not be exceeded at any time for any length of time.
4. Any industrial user discharging wastewater that causes this limit to be exceeded shall immediately cease all discharges. “IDLH” means immediately dangerous to life or health.
5. Dilution is prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement.
6. The director may establish more stringent pollutant limits, additional site-specific pollutant limits, BMPs or additional pretreatment requirements when, in the judgment of the director, such limitations are necessary to implement the provisions of these regulations. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.090 Surcharges for high strength waste.
A. The extra strength treatment surcharge allows the city to recover actual treatment costs associated with treating wastewater containing biochemical oxygen demand (BOD) and total suspended solids (TSS) in excess of normal domestic discharges. Surcharges for FOG are discussed in GMC 12.80.050(L).
B. BOD discharges in excess of 250 mg/L are surcharged at the current rate set forth in the city of Gunnison fee table.
C. TSS discharges in excess of 250 mg/L are surcharged at the current rate set forth in the city of Gunnison fee table.
D. BOD will be calculated based on effective COD measurements if applicable.
E. Surcharges apply to the additional pounds discharged above and beyond the concentrations expected for domestic wastewater. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.100 Specific powers of the director.
If wastewaters from a user covered by these regulations are discharged or proposed to be discharged into the POTW, the director may take any of the following actions:
A. Prohibit the discharge of such wastewater;
B. Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substance so that the discharge will not violate these regulations;
C. Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by the city for handling, treating or disposing excess loads imposed on the wastewater treatment system;
D. Take enforcement action and issue fines and penalties for violations of these regulations. The city may also assess charges against the user for any fines or legal expenses associated with violations of the city’s CDPS permit that resulted from the discharge of pollutants from a user;
E. Require the user to apply for and obtain a permit;
F. Require timely and factual reports from the facility responsible for such discharge; or
G. Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purposes of these regulations. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.110 General powers of the director.
A. In addition to the authority to prevent or eliminate discharges through enforcement of pretreatment standards and requirements, the director shall have the following authority:
1. Endangerment to Health or Welfare of the Community. The director, after informal notice to the affected discharger, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the city, any area under jurisdiction of the city, the POTW of the city or any wastewater system tributary thereto, by any means available, including physical disconnection from the wastewater system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.
2. Endangerment to Environment or Treatment Works. The director, after written notice to the discharger, may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the city, any area under jurisdiction of the city, the POTW, wastewater system tributary thereto, by any means available, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.
B. The discharges referred to above may be halted or prevented without regard to the compliance of the discharge with other provisions of these regulations. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.120 Pretreatment and monitoring facilities.
A. Pretreatment facilities users shall provide wastewater treatment, including flow equalization, to comply with these regulations and shall achieve compliance with all pretreatment standards and requirements within the time limitations specified by the director.
1. Any facilities determined by the director to be necessary for compliance or monitoring shall be provided, operated, and maintained at the user’s expense.
2. All treatment facilities shall be properly operated and maintained. Detailed plans describing such facilities and operating procedures shall be submitted to the director.
3. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of these regulations. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without notice to the director.
B. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
C. Should the director deem it necessary to fulfill the purposes of these regulations, the owner or operator of any premises or facility discharging industrial wastewater into the collection system shall install at the user’s expense suitable monitoring facilities or equipment. The monitoring facilities and equipment shall allow for the accurate observation, sampling and measurement of regulated discharges. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.
D. When more than one user is able to discharge into a common service line, the director may require installation of separate monitoring equipment for each user.
E. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the director’s requirements and all applicable construction standards and specifications.
F. Pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR § 403.6(e). (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.130 Slug discharge and spill control plans.
A. Each SIU and other users required by the director shall provide protection from slug loads or spills of pollutants regulated under these regulations. Facilities to prevent discharge or slug loads of pollutants shall be provided and maintained at the user’s cost and expense. The director may establish specific requirements and conditions to prevent spills or slug discharges for any user.
B. Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees to call in the event of a spill or slug discharge to the sewer system. Employers shall ensure that all employees who work in any area where a spill or slug discharge may occur or originate are advised to the emergency notification procedures. The notice shall specify that the city of Gunnison shall be notified immediately (Monday through Friday, 8:00 a.m. to 4:30 p.m.) at 970-641-8120. At other times, the posted notice shall indicate that the employees shall dial 911 and report the discharge. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.140 Wastewater discharge permits.
A. All significant industrial users, proposing to connect to or discharge into any part of the wastewater system, shall complete an industrial user discharge information questionnaire prior to commencing discharge to the POTW.
B. The industrial user discharge information questionnaire may be obtained by contacting the city at 970-641-8120.
C. Users proposing to discharge hauled wastes shall complete and file with the director an application on the form prescribed by the director. Such application shall be filed within 30 days of receipt of the application form from the director.
D. The director may issue a wastewater discharge permit containing all pretreatment standards and requirements that the director deems necessary. The conditions of wastewater discharge permits shall be enforced in accordance with these regulations and applicable state and federal regulations.
E. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director to prevent pass-through or interference, protect the quality of the body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
F. Discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than five years at the director’s discretion or may be stated to expire on a specific date.
G. Wastewater discharge permits are issued to a specific user for a specific operation. No permit shall be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.150 Discharge permit modification.
The director may modify a wastewater discharge permit for good cause including, but not limited to, the following reasons:
A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
B. To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the POTW, city personnel, or the receiving waters;
E. Violation of any terms or conditions of the individual wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; or
G. To correct typographical or other errors in the individual wastewater discharge permit. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.160 Discharge permit revocation.
A. A violation of the conditions of a permit or of these regulations or of applicable state and federal regulations may be reason for revocation of such permit.
B. Upon revocation of this permit, any wastewater discharge from the affected user shall be considered prohibited and illegal. Grounds for revocation of a permit include, but are not limited to, the following:
1. Failure of a user to accurately disclose or report the wastewater constituents and characteristics of the discharge;
2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
3. Refusal of access to the user’s premises for the purpose of inspection or monitoring;
4. Falsification of records, reports or monitoring results relating to chemical materials;
5. Tampering with monitoring equipment;
6. Violation of conditions of the permit;
7. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
8. Failure to pay fines;
9. Failure to pay sewer charges;
10. Failure to pay permit and sampling fees; or
11. Failure to meet compliance schedules. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.170 Special agreements and contracts.
No statement contained in these regulations shall be construed as prohibiting special written agreements between the city and any industrial user allowing industrial waste of unusual strength or character to be discharged to the POTW, provided the industrial user compensates the city for any additional costs of treatment where appropriate. Such agreement, however, shall not allow or cause:
A. Any adverse effect to the POTW;
B. A violation of the POTW CDPS permit;
C. A violation of a general or specific prohibition; or
D. A violation of state or federal law or regulation. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.180 Reporting requirements.
A. Reporting for Industrial User Regulated by the State or EPA.
1. All industrial users that are applying for or hold a notice of discharge requirements (NDR) issued by the Colorado Department of Public Health and Environment (CDPHE) pursuant to Regulation 63 shall copy the city on the following items:
a. NDR application information;
b. The NDR issued by the CDPHE;
c. All reports required by the NDR; and
d. Any other report or documentation reported to the CDPHE as required by the NDR or Regulation 63.
2. All industrial users that are categorical industrial users shall notify the city that they are located within the city and meet the definition of an industrial user. The industrial user shall copy the city on all reports, documents and notifications that are reported to EPA pursuant to 40 CFR Part 403 and the applicable categorical standard.
B. Self-Monitoring Reports (SMR).
1. Any industrial user required by the city to submit self-monitoring reports shall submit such reports at a frequency required by the city but no less than once per six months. In cases where the permit or other control mechanism requires compliance with BMPs, the industrial user must submit documentation required by the city necessary to determine compliance status of the industrial user. All industrial monitoring reports must be signed and certified in accordance with subsection (J) of this section.
2. All wastewater samples must be representative of the industrial user’s discharge.
3. If an industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the methods and procedures prescribed in subsection (I) of this section, the results of this monitoring shall be included in the SMR.
C. Change in Discharge or Operations. Every SIU shall file a change in discharge or operations notification to the city a minimum of 14 days prior to any planned significant change in operations or wastewater characteristics. A significant change shall be a change equal to or greater than 20 percent in the mass of a pollutant or volume of flow discharged to the POTW. In addition, this notification shall include changes to:
1. Change in number of shifts, and/or hours of operation.
2. Additional processing, manufacturing or other production operations.
3. New regulated substances used which may be discharged.
4. Changes in the listed or characteristic hazardous waste for which the user has submitted or is required to submit information to the city under these regulations and 40 CFR § 403.12(p) as amended.
D. Slug Discharge and Spill Reporting.
1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident.
2. Within five working days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to these regulations.
E. Notification of the Discharge of Hazardous Waste. Any user shall notify the city, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification to the POTW shall be made immediately upon discovery of the discharge. Notification to the state and EPA is the responsibility of the user and shall be made as required under 40 CFR § 403.12(p). The user shall copy the director on all notifications made to the state and EPA. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by these regulations, a permit issued hereunder, or any applicable federal or state law.
F. Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of the receipt of the report shall govern.
G. Records Retention. Users subject to the reporting requirements of these regulations shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by these regulations, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the sample; the dates analyses were performed; who performed the analyses; analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director.
H. Admission to Property and Access to Information. Whenever it shall be necessary for the purposes of these regulations, the director may enter upon any user’s facility, property or premises subject to these regulations or where records are required to be kept for the purposes of:
1. Performing all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial or other users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial or other users. Compliance monitoring and inspection shall be conducted at a frequency as determined by the director and may be announced or unannounced;
2. Examining and copying any records required to be kept under the provisions of these regulations or of any other local, state or federal regulations;
3. Inspecting any monitoring equipment or method, pretreatment system equipment and/or operation;
4. Sampling any discharge of wastewater into POTW; and/or
5. Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under these regulations, could originate, be stored, or be discharged to the POTW.
The occupant of such property or premises shall render all proper assistance for such activities.
I. Analytical Requirements.
1. All pollutant analysis, including sampling techniques, to be submitted as part of a wastewater discharge permit application, report, permit or other analysis required under these regulations shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by the EPA.
2. Records shall include for all samples:
a. The date, exact place, method, and time of sampling and the name of the person(s) taking the samples;
b. The date(s) and time analyses were performed;
c. The name of the person performing the analyses;
d. The analytical techniques/methods used, including method detection limits and QA/QC sample results;
e. All chain-of-custody records;
f. The results of such analyses; and
g. A signed statement from the laboratory director stating that the samples were properly handled and analyzed pursuant to 40 CFR Part 136 or other approved methodology.
J. Signatory Certification. All reports and other submittals required to be submitted to the city shall include the following statement and signatory requirements:
1. The authorized representative of the industrial user signing any application, questionnaire, any report or other information required to be submitted to the city must sign and attach the following certification statement with each such report or information submitted to the city:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system or the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing violations.”
2. If the authorized representative is no longer authorized because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section and meeting the definition in Chapter 12.02 GMC must be submitted to the city prior to or together with any reports to be signed by an authorized representative.
K. Requests for Information. When requested by the city, any industrial user shall submit information to the director regarding industrial processes, nature and characteristics of wastes and wastewaters generated at the industrial facility, method of disposal of wastes, or other information required by the director to meet the responsibilities under these industrial wastewater control regulations. Failure to provide information within the time frame specified shall be a violation of these industrial wastewater control regulations. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.190 Administrative enforcement actions.
A. Notification of Violation.
1. When the director finds that a user has violated, or continues to violate, any provision of these regulations, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon the user a written notice of violation.
2. Within five working days of receipt of the notice of violation a plan for the satisfactory correction of prevention thereof, to include specific required actions, shall be submitted by the user to the director.
3. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
4. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B. Administrative Compliance Orders. When the director finds that a user has violated, or continues to violate, any provision of these regulations, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specific time. If the user does not come into compliance within the time, provided sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
C. Administrative Fines.
1. When the director finds that a user has violated, or continues to violate, any provision of these regulations, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may fine such user in an amount not to exceed $1,000 per day. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
2. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.
3. Users desiring to appeal such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within 15 days of being notified of the fine. Such notice or appeal shall set forth the nature of the order or determination being appealed, the date of such order or determination, the reason for the appeal, and request a hearing by the board.
4. Issuance of an administrative fine shall not be a bar against, or prerequisite for, taking any other action against the user.
D. Civil/Administrative Fine Pass-Through. If an industrial user discharges such pollutants which cause the city to violate any condition of its CDPS permit and the city is fined by the EPA or the state for such violation, then such industrial user shall be fully liable for the total amount of the fine assessed against the city by the EPA and/or the state.
E. Remedies Nonexclusive. The remedies provided for in these regulations are not exclusive of any other remedies that the city may have under the provisions of Colorado law. The director may take any, all, or any combination of these actions against a noncompliant user.
F. Public Nuisances. A violation of any provision of these regulations, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person(s) creating a public nuisance shall be subject to the provisions of the city of Gunnison Municipal Code governing such nuisances. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.200 Extra monitoring charge.
A. The director may assess an extra monitoring charge to any user who is found to have:
1. Discharged a waste which causes an obstruction, damage, interference or other impairment to the city POTW;
2. Violated provisions of these regulations and was placed in significant noncompliance; or
3. Failed to comply with provisions of the user’s discharge permit.
B. The amount of this charge shall be determined by the director and may include:
1. Sampling and analysis costs.
2. Time, material and equipment costs incurred as a result of inspection procedures.
3. Costs incurred in the administrative analysis of all pertinent information, or extraordinary costs incurred by the POTW as a result of discharge such as time, material and equipment costs including polymer usage, preventing or correcting interference of POTW, etc.
4. Other associated costs as the director may deem necessary.
C. The affected user shall be notified in writing by the director of the extra monitoring charges within five days of determination.
D. Such fees shall be payable by the user within 30 days of being notified of the charges. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.210 Confidentiality.
A. All records, reports, data or other information supplied by any person or industrial user because of any disclosure required by these industrial wastewater control regulations or information and data from inspections shall be available for public inspection except as otherwise provided in this section, 40 CFR § 403.14 and the Colorado Open Records Act (§ 24-72-201, C.R.S. et seq.).
B. These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to, processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the industrial user which is desired to be considered a trade secret shall have the words, “confidential business information,” stamped in a reasonably noticeable manner on each page containing such information. The industrial user must demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.
C. Information designated as a trade secret pursuant to this section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees or authorized representatives of the city charged with implementing and enforcing the provisions of these industrial wastewater control regulations.
D. Effluent data from any industrial user whether obtained by self-monitoring, monitoring by the city or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.80.220 Regulation of users from outside jurisdictions.
A. If a user located in another municipality, county, state, or other jurisdiction contributes wastewater to the POTW, the city shall enter into an intergovernmental agreement (IGA) with the contributing jurisdiction.
B. Prior to entering into an IGA, the city shall request the following information from the contributing jurisdiction:
1. A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;
2. An inventory of all sources of indirect discharge located within the contributing jurisdiction that are discharging to the POTW; and
3. Such other information as the city may deem necessary.
C. The IGA shall contain the following conditions:
1. A requirement for the contributing jurisdiction to adopt a sewer use ordinance or rules which specifically require that all non-domestic users shall be under the jurisdiction of this chapter for the purposes of implementation and enforcement of pretreatment standards and requirements;
2. A requirement for the contributing jurisdiction to submit an updated user inventory on at least an annual basis;
3. A provision specifying that the city shall be delegated full responsibility for implementation and enforcement of the pretreatment program unless otherwise agreed to and specified in the IGA;
4. A requirement for the contributing jurisdiction to provide the city with access to all information that the contributing jurisdiction obtains regarding effluent quantity and quality from non-domestic users;
5. Requirements for monitoring the contributing jurisdiction’s discharge; and
6. A provision specifying remedies available for breach of the terms of the interjurisdictional agreement. (Ord. 4-2021 § 1 (Exh. A), 2021).